Animal Health (Miscellaneous
Exotic Diseases) (Jersey) Order 2017
PART 1
INTRODUCTORY
PROVISIONS
1 Interpretation
In this Order –
“disease” means a disease to which this Order applies by
virtue of Article 2(1);
“equipment”, means any equipment that has been in
contact with blood or other bodily fluids from susceptible animals, including
needles and surgical or dental equipment, unless that equipment has either been
sterilised following such contact or is securely confined in a sharps container
complying with the relevant British Standard or an equivalent standard;
“general restrictions” means –
(a) in
relation to the diseases listed Part 1 of Schedule 2, the
restrictions in Part 1 of Schedule 3; and
(b) in
relation to the diseases listed in Part 2 of Schedule 2, the
restrictions in Parts 1 and 2 of Schedule 3;
“genetic material” means any semen, ovum or embryo of a
susceptible animal;
“infected premises” means premises that have been
designated as infected premises under Article 8(1);
“Law” means the Animal Health (Jersey) Law 2016;
“susceptible animal” means, for each disease listed in
the first column of the table in Schedule 1, the animals listed in the
second column of the table opposite that first column;
“suspect premises” means premises that are designated as
suspect premises under Article 6(3).
2 Application
(1) This Order applies only
to the diseases listed in the first column of Schedule 1.
(2) For the purposes of
this Order the definition “animal” in Article 4 of the Law is
extended to include birds, animals of the order Caudata and all mammals except
human beings.[1]
(3) This Order does not
apply to any specified animal pathogen that is the subject of a licence under
Article 15(1) of the Law or to which that Article does not apply.
(4) Parts 2, 3 and 5
of this Order do not apply to a slaughterhouse.
3 Power
to kill animals
(1) In this Order, the
power to kill animals in Articles 6(6), 9 and 18(1) applies only to
the following diseases –
(a) Anthrax;
(b) Aujeszky’s
disease;
(c) Bovine
Viral Diarrhoea;
(d) Brucellosis;
(e) Contagious
agalactia;
(f) Contagious
bovine pleuropneumonia;
(fa) Contagious
caprine pleuropneumonia;
(g) Contagious
epididymitis;
(h) Dourine;
(ha) Ebola;
(i) Enzootic
bovine leucosis;
(j) Epizootic
haemorrhagic disease;
(k) Epizootic
lymphangitis;
(l) Equine
infectious anaemia;
(m) Equine
Viral Encephalomyelitis;
(n) Glanders;
(na) Infection with Batrachochytrium
salamandrivorans;
(o) Infectious
Bovine Rhinotracheitis/Infectious Pustular Vulvovaginitis;
(p) Lumpy
skin disease;
(q) Peste
de Petit Ruminants (Goat plague);
(r) Rift
Valley fever;
(ra) Rinderpest
virus;
(s) Sheep
and goat pox;
(sa) Trichinellosis;
(sb) Surra (Trypanosoma
evansi);
(t) Vesicular
stomatitis.[2]
(2) Article 17 of the
Law applies to the diseases set out in paragraph (1).
4 References
to occupier, main occupier and additional obligations for diseases of horses
(1) This Article applies to
diseases for which horses are susceptible animals.
(2) In this Order –
(a) a
reference to an occupier of premises includes a reference to a person who has
ownership or charge of a horse on the premises;
(b) the
main occupier of premises is the person who has overall responsibility for the
premises.
(3) Any notice required or
authorized under this Order –
(a) to be
served on the main occupier of premises may be served on any person appearing
to the person serving the notice to be the main occupier;
(b) to be
served on any other occupier of premises may be served on any person appearing
to the person serving the notice to be that occupier.
(4) Where a notice has been
served on a person referred to in paragraph (3), any reference in this
Order to the main occupier or, as the case may be, any other occupier of the
premises includes a reference to that person.
(5) Where the main occupier
of premises is required to comply with any obligation under or by virtue of
this Order, any other occupier of the premises must give the main occupier such
assistance as is reasonably required to enable such compliance.
(6) Where the main occupier
of premises has been served with a notice under this Order, the main occupier
must take reasonable steps to inform (orally or otherwise) any other occupier
of the premises and any other person entering the premises of any restrictions
on the movement to or from the premises of any horse, carcase, equipment or
genetic material arising from the service of the notice.
(7) A notice required or
authorized under this Order to be served on the main occupier of premises may
(in addition to its being served on the main occupier) be served on any other
occupier of the premises.
Part 2
Suspicion of a disease
5 Initial
investigation
(1) Where a veterinary
inspector investigates following notification of disease under Article 12(1)
or 15(2) of the Law and cannot rule out the presence of disease, a veterinary
inspector must, according to those findings –
(a) confirm
that disease is still suspected and serve a notice under Article 6(3); or
(b) confirm
the presence of disease and serve a notice under Article 8(1).
(2) However, if the
notification is in respect of West Nile fever Article 20 applies instead
of those notice provisions.
6 Measures
on suspicion of disease.
(1) This Article applies
where a veterinary inspector suspects that an animal or carcase on premises is
or has been infected with a disease such that the premises or carcase continue
to pose the risk of spread of disease.
(2) However, if the
notification is in respect of West Nile fever, Article 20 applies instead
of the notice provisions in this Article.
(3) A veterinary inspector
must serve a notice on the occupier designating premises as suspect premises.
(4) Where such a notice is
served on the occupier, a veterinary inspector must specify in the notice
whether all or any of the general restrictions apply together with any
additional measures that a veterinary inspector considers necessary in order to
reduce the risk of the spread of the disease.
(5) A veterinary inspector
must take all reasonable steps to establish whether or not the disease is
present on the suspect premises.
(6) Where required by the
epidemiological situation, the States Veterinary Officer may order and arrange
for the killing of any susceptible animal on the premises.
(7) The notice served under
paragraph (3) may be revoked only if a veterinary inspector is satisfied
that the suspect premises no longer pose a risk of spread of disease.
(8) On the revocation of
the notice the general restrictions in place and any further restrictions
applied under paragraph (4) cease to apply.
7 Temporary
controlled zone
(1) The Minister may
declare a temporary controlled zone around suspect premises.
(2) The temporary
controlled zone must be of such extent as the Minister considers necessary to
reduce the risk of the spread of disease as far as practicable.
(3) The declaration must
apply all or any of the general restrictions and may apply any other measure as
the Minister considers necessary in all or part of the temporary controlled
zone in order to prevent or reduce the risk of the spread of disease.
(4) Any part of a temporary
controlled zone that is subsequently incorporated into a controlled zone will
cease to exist as a temporary controlled zone.
(5) The Minister must
revoke the temporary controlled zone if presence of disease has been ruled out
on suspect premises.
Part 3
Infected Premises
8 Designation
of premises as infected premises when presence of disease confirmed
(1) Where the States
Veterinary Officer is satisfied that a disease is or has been present on
premises and the premises or any carcase on the premises continue to pose the
risk of spread of disease, an inspector must serve a notice on the occupier
designating the premises as infected premises.
(2) However, if the
notification is in respect of West Nile fever, Article 20 applies instead
of the notice provisions in this Article.
(3) Where a notice is
served under paragraph (1), a veterinary inspector must specify in the
notice whether all or any of the general restrictions apply together with any
additional measures that a veterinary inspector considers necessary in order to
reduce the risk of the spread of the disease.
(4) For clarity, those
additional measures may include such treatment as may be required by the
veterinary inspector.
9 Killing
of animals on infected premises
If premises are designated as infected premises the Minister may
arrange, without delay and in accordance with Article 17(1) of the Law,
for the killing of any or all susceptible animals on the premises.
10 Disposal
of carcasses and preliminary cleansing and disinfection
(1) Where an animal is
killed under this Order other than in accordance with Article 18(1), the Minister
must arrange for the disposal of the carcase.
(2) The Minister may
arrange for the disposal of the carcase of any other animal that has died, or
is suspected to have died, from a disease.
(3) The Minister must
ensure that any such disposal is carried out without delay and in such a way as
to avoid the risk of the spread of disease.
(4) Following such disposal
the Minister may without delay carry out preliminary cleansing and disinfection
by spraying with disinfectant –
(a) all
parts of the premises (other than fields, slurry lagoons and other parts of the
premises where the disinfectant would have no effect) and all equipment or
other things to which the animal has had access; and
(b) anything
contaminated during the killing of the animal.
11 Notice
requiring secondary cleansing and disinfection
(1) Irrespective of whether
or not animals are to be reintroduced on infected premises, an inspector may
serve a notice on the occupier requiring secondary cleansing and disinfection
as specified in the notice.
(2) Secondary cleansing and
disinfection must be carried out in such a way as to minimise the risk of the
spread of disease or survival of any causal agent of the disease.
(3) Following completion of
the secondary cleansing and disinfection, a veterinary inspector must certify
in writing when satisfied that the requirements of the notice have been
completed.
12 Use
of approved disinfectants
(1) Where disinfection is
carried out under this Order any disinfectant used must be –
(a) an
approved disinfectant that is published as being approved in respect of General
Orders; and
(b) used
at the approved dilution rate and in accordance with the manufacturer’s
instructions.
(2) In this Article –
“approved dilution rate” means the dilution rate
indicated for an approved disinfectants product in the relevant column in the
statutory table under the heading that states the disease for which it is to be
used accompanied by a reference to Orders or, if no such disease is stated,
that states General Orders;
“Orders” means Orders of the description stated in the
relevant column heading of the statutory table;
“statutory table” means the table of Disinfectants
Approved for use in England, Scotland and Wales published by the Department for
Environment, Food and Rural Affairs under powers that include those in the English
Disinfectants Order.
13 Special
measures where vectors involved in outbreak
(1) This Article applies to
the following diseases –
(a) Equine
infectious anaemia;
(b) Equine
Viral Encephalomyelitis;
(c) Epizootic
haemorrhagic disease;
(d) Lumpy
skin disease;
(e) Rift
Valley fever;
(f) Vesicular
stomatitis.
(2) If the presence of
vectors is suspected on premises where disease has been confirmed, a veterinary
inspector may require the occupier to implement practical measures for
controlling the vectors.
14 Revocation
of notice designating premises as infected premises
A veterinary inspector must not revoke a notice served under Article 8(1)
unless the States Veterinary Officer is satisfied that –
(a) the premises no longer
pose a threat of spreading disease;
(b) any necessary cleansing
and disinfection has been completed to the satisfaction of a veterinary
inspector;
(c) for diseases to which
Article 13 applies, vectors no longer pose a threat of spreading disease
on the premises; and
(d) any sentinel animals
used have been tested by a veterinary inspector for disease with negative
results.
15 Restocking
and testing with sentinel animals on infected premises
(1) Where sentinel animals
are to be used in the process of monitoring for the resurgence of disease, a
veterinary inspector must license the introduction of sentinel animals onto the
premises and their numbers and placement must be in accordance with the
conditions of the licence.
(2) A veterinary inspector
must not grant a licence under paragraph (1) unless –
(a) at
least 21 days has elapsed since the completion of any required secondary
cleansing and disinfection to the satisfaction of a veterinary inspector; and
(b) in
the case of diseases to which Article 13 applies, the States Veterinary
Officer is satisfied that vectors no longer pose a threat of spreading disease
on the premises.
(3) The sentinel animals
must –
(a) have
come from premises not subject to any relevant disease controls or restrictions
under this Order; or
(b) have
been tested at the expense of the occupier before being brought on to the
premises and found to be negative for the presence of disease.
(4) A person must not allow
a sentinel animal to leave premises subject to a notice served under Article 8(1)
unless –
(a) licensed
to do so by a veterinary inspector; or
(b) the
notice has been revoked.
(5) All costs associated
with the use of sentinel animals are at the occupier’s expense.
Part 4
Suspicion and confirmation of disease at slaughterhouse
16 Application
of this Part
This Part does not apply to enzootic bovine leucosis.
17 Requirement
to serve notice
(1) Where a veterinary
inspector has examined an animal carcase at a slaughterhouse and cannot rule
out the presence of a disease on it (a “suspect animal”) an
inspector must serve a notice on the operator of the slaughterhouse.
(2) The notice may set out
the requirements of Article 12(3) of the Law and may additionally impose
on that operator all or any of the following measures –
(a) no
susceptible animal or carcase to be moved to or from the slaughterhouse;
(b) no
other animal to be moved to or from the slaughterhouse if the veterinary
inspector suspects there is a risk that it could spread disease;
(c) to
take all biosecurity measures that the veterinary inspector believes are
necessary.
(3) A veterinary inspector
may take samples from an animal, carcase or any other thing and have those
samples tested to ascertain whether or not disease is present at the
slaughterhouse.
(4) If following the
results of investigations by a veterinary inspector the States Veterinary
Officer is satisfied that that disease is not present at the slaughterhouse, a
veterinary inspector must as soon as reasonably practicable revoke the notice
served under paragraph (1).
18 Killing
of animals at slaughterhouse
(1) If the States
Veterinary Officer is satisfied that disease is present at the slaughterhouse
the Minister may ensure that all susceptible animals are killed without delay
under the supervision of a veterinary inspector.
(2) After the killing –
(a) the
operator of the slaughterhouse must destroy as required by a veterinary
inspector the carcases and offal of infected or other animals;
(b) the
operator of the slaughterhouse must cleanse and disinfect buildings, equipment
and vehicles (including if appropriate control of vectors) as instructed by a
veterinary inspector;
(c) subject
to sub-paragraph (d), a veterinary inspector must revoke the notice served
under Article 17(1) once that cleansing and disinfection has been
completed to the satisfaction of the veterinary inspector;
(d) in
the case of diseases to which Article 13 applies the veterinary inspector
must also be satisfied that any necessary vector controls have been effectively
applied before revoking the notice served under Article 17(1).
Part 5
Area controls following confirmation of disease
19 Controlled
zones
(1) Where the existence of
disease has been confirmed on any premises the Minister may declare one or more
controlled zones around the premises.
(2) The zones must be
centred on the part of the premises that the Minister considers most
appropriate for disease control and be of such radius as the Minister considers
necessary to reduce the risk of spread of disease.
(3) The Minister may ensure
that within those zones, as far as is reasonably practicable –
(a) premises
that contain susceptible animals are identified; and
(b) veterinary
inspectors visit such identified premises to –
(i) inspect, and as
necessary examine, the animals on the premises, and
(ii) collect
and have tested such samples as the States Veterinary Officer considers
necessary.
(4) The declaration must
apply all or any of the general restrictions and may apply any other measure as
the Minister considers necessary in all or part of a controlled zone in order
to prevent or reduce the risk of the spread of disease.
(5) The Minister must keep
in place a controlled zone until the States Veterinary Officer is satisfied
that –
(a) sufficient
time has elapsed since the killing of susceptible animals on any infected
premises for disease to have recurred in the zone; and
(b) effective
cleansing and disinfection on the infected premises has been carried out.
Part 6
Miscellaneous and closing provisions
20 Notice
provisions in cases of West Nile fever
(1) This Article applies
where the disease referred to in Article 5(1), 6(1) or 8(1) is West Nile
fever.
(2) Where this Article applies
a veterinary inspector must serve a notice on the main occupier requiring all
horses on the premises to remain there until a veterinary inspector has
examined as many of the horses as he or she considers necessary.
(3) When a notice has been
served under paragraph (2) a veterinary inspector –
(a) must
confirm in writing to the occupier that all the horses that need to be examined
have been examined and that the notice served under paragraph (2) ceases
to have effect;
(b) may
confirm that notification of further suspect horses under Article 12(1) of
the Law in relation to the outbreak is not necessary.
21 Prohibition
on vaccination except in certain cases
(1) A person must not
vaccinate any animal against disease other than –
(a) a
horse against equine viral arteritis or against West Nile fever;
(b) in
accordance with a licence granted by a veterinary inspector;
(c) if
the animal is in a vaccination zone declared by the Minister under this
Article, in accordance with the terms of that declaration; or
(d) in
accordance with the terms of a notice served by a veterinary inspector on the
occupier of premises requiring vaccination of any animal.
(2) The cost of any
vaccination under this Article is to be borne by the keeper of the animal being
vaccinated unless the licence, declaration or notice, as the case may be,
states otherwise.
22 Publication
of results of veterinary inquiry
(1) This Article applies to
equine viral arteritis.
(2) Where a veterinary
officer makes an investigation following notification of disease under Article 12(1)
of the Law –
(a) upon
confirmation being given under Article 5(1)(b) of the presence of disease
in any stallion the Minister may publish, in such manner as he or she thinks
fit, the fact of confirmation and the name and location of the stallion; and
(b) thereafter
if the States Veterinary Officer or person authorized by him or her is
satisfied that the disease or the virus no longer exists in that stallion, the
Minister must publish in the same manner that fact and the name and location of
the stallion.
(3) Where the investigation
mentioned in paragraph (2) is postponed –
(a) the
Minister may publish, in such manner as he or she thinks fit, the fact that
existence of the disease or the virus in a stallion is suspected and the name
and location for that stallion; and
(b) where
publication has been made under sub-paragraph (a), upon confirmation by or
on behalf of the States Veterinary Officer that the disease or the virus does
not exist in the stallion, the Minister must publish in the same manner that
fact and the name and location of that stallion.
23 Records
The occupier must keep any record required under a notice given or
zone declared under Article 7, 19 or 21 for at least 6 months after –
(a) the revocation of the
notice; or
(b) the premises cease to
be within any such zone,
whichever is the later.
24 Citation
This Order may be cited as
the Animal Health (Miscellaneous Exotic Diseases) (Jersey) Order 2017.